COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Spain Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Spain, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 509 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report        Country Chapter on the rule of law situation in Spain Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report          The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 501 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 507 final} - {SWD(2022) 508 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 516 final} - {SWD(2022) 517 final} - {SWD(2022) 518 final} - {SWD(2022) 519 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 525 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

The Spanish justice system has continued undergoing important developments. The fact that 
the  renewal  of  the  Council  for  the  Judiciary  is  pending  since  December  2018  remains  a 
concern.  In  this  context,  there  have  been  further  calls  to  modify  the  Council’s  appointment 
system  in  line  with  European  standards  so  that  no  less  than  half  of  judges-members  are 
elected by their peers. Legal amendments were adopted aiming at an increased transparency 
of  relations  between  the  Government  and  the  Prosecutor  General,  while  concerns  on  the 
coincidence in the term of office of the Prosecutor General and the Government remain. The 
Judicial  Ethics  Committee  issued  an  opinion  on  the  ethical  duties  of  judges  who  return  to 
their judicial functions after having held  political office. Progress is  ongoing as regards the 
quality  of  the  justice  system,  such  as  the  implementation  of  measures  facilitating  access  to 
justice of persons with disabilities. The reform of the Criminal Procedure Code and the law 
on  the  right  of  defence  are  progressing.  The  digitalisation  of  justice  is  well  advanced  and 
shortcomings  are  being  addressed.  Efforts  continue  to  address  challenges  related  to  the 
resources  of  the  judiciary.  The  length  of  proceedings  remains  a  challenge,  though  work  is 
ongoing on draft laws aimed to enhance the efficiency of the justice system.  

Spain continues to implement a set of measures to fight and prevent corruption. The adoption 
of  a  national  Anti-Corruption  Plan  is  being  considered,  which  is  expected  to  contribute  to 
creating a comprehensive policy to prevent and reduce corruption. While resources have been 
increased  within  the  Prosecution  Services,  the  investigation  and  prosecution  of  high-level 
corruption remains a concern as proceedings continue to be lengthy and complex. As regards 
the prevention of corruption, Spain continues to develop a strong integrity framework for the 
public administration, including  to  prevent conflicts  of interest  and incompatibility rules.  A 
draft  Law  on  Transparency  and  Integrity  of  Interest  Groups  and  a  draft  law  on  conflict  of 
interests  prevention  in  the  public  sector  are  being  finalised  by  the  Government.  Draft 
legislation  on  the  protection  of  whistleblowers  is  expected  to  soon  be  adopted  by  the 
Government. The Office for Conflicts of Interest has stepped up its role by providing ethics 
guidance and training activities to public officials. 

The general legislative framework regarding media freedom and pluralism remains solid and 
stable.  A  law  aimed  to  transpose  the  2018  revision  of  the  Audiovisual  Media  Services 
Directive,  which  would  include  new  legal  provisions  on  the  transparency  of  audiovisual 
media ownership, has been adopted. However, challenges remain in relation to transparency 
of written media ownership and the operational autonomy and resources of the Audiovisual 
Regulator.  Work  is  ongoing  to  strengthen  access  to  information.  The  Government  has 
continued the implementation of an agreement aimed at facilitating the work of information 
professionals, while journalists have continued facing some challenges. 

A number of constitutional bodies relevant in the system of checks and balances, including 
the  Ombudsperson,  saw  their  members  appointed  by  Parliament,  which  put  an  end  to 
substantial  delays.  The  Constitutional  Court  issued  two  decisions  reviewing  the  emergency 
measures taken to fight the COVID-19 pandemic. A number of initiatives aimed at increasing 
public  participation  in  policy-making  and  reinforcing  cooperation  between  the  public 
administration and civil society are ongoing. The reform of the Citizen Security Law, which 
continues to raise concerns including by civil society, is pending in Parliament. Activities to 
promote a rule of law culture took place, in particular the launch of a training programme for 
journalists on the Spanish justice system.  

1 

 
RECOMMENDATIONS 

In addition  to  recalling  the commitments made under the national  Recovery and Resilience 
Plan relating to certain aspects of the justice system, it is recommended to Spain to:  

  Strengthen the statute of the Prosecutor General, in particular regarding the separation of 
the  terms  of  office  of  the  Prosecutor  General  from  that  of  the  Government,  taking  into 
account European standards on independence and autonomy of the prosecution.  

  Proceed  with  the  renewal  of  the  Council  for  the  Judiciary  as  a  matter  of  priority  and 
initiate, immediately after the renewal, a process in view of adapting the appointment of 
its judges-members, taking into account European standards.  

  Continue  efforts  to  table  legislation  on  lobbying,  including  the  establishment  of  a 

mandatory public register of lobbyists. 

  Address the challenges related to the length of investigations and prosecutions to increase 

the efficiency in handling high-level corruption cases.  

  Ensure  adequate  resources  for  the  national  audiovisual  media  regulatory  authority  to 
strengthen its operations, taking into account the European standards on the independence 
of media regulators in particular as regards resource adequacy. 

  Pursue work to strengthen access to information, in particular via revision of the Law on 

Official Secrets. 

2 

 
I. 

JUSTICE SYSTEM  

The  Spanish  judicial  system  is  composed  of  courts  of  general  jurisdiction1  and  specialised 
courts2, and is  structured  in  accordance with  the  territorial  organisation  of the country. The 
Supreme Court is the highest judicial body in all areas of law. The General Council for the 
Judiciary,  established  by  the  Spanish  Constitution,  is  the  body  of  judicial  self-governance, 
and ensures the independence of courts and judges3. As such, it does not itself form part of 
the  judiciary.  It  exercises  disciplinary  action  and  is  competent  to  appoint,  transfer  and 
promote judges, as well as being responsible for the training and recruitment of judges. The 
public  prosecution  service  is  integrated  in  the  judiciary  with  functional  autonomy,  and 
pursues the mission of promoting justice in defence of the law, the rights of the citizens and 
the general interest. The Prosecutor General is appointed by the Head of State, upon proposal 
of  the  Government,  following  the  consultation  of  the  General  Council  for  the  Judiciary4. 
Spain participates in the European Public Prosecutor’s Office (EPPO). The Solicitor General 
of  the  State  is  a  senior  official  of  the  Ministry  of  Justice  in  charge  of  directing  the  Legal 
Service of the Government and its relationship with national and foreign organisms, entities 
and bodies. The Local Bars are public law organisations of professionals, independent from 
the public administration and do not depend on the budgets of the public authorities, nor are 
their  assets  public.  They  have  competences  for  the  organisation  of  the  profession  and 
professional deontology, and approve their own code of ethics. 

Independence  

The  level  of  perceived  judicial  independence  in  Spain  continues  to  be  low  among  the 
general  public  and  is  now  average  among  companies.  Overall,  38%  of  the  general 
population and 41% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20225. According to data in the 2022 EU Justice Scoreboard, no 
clear  trend  can  be  identified  in  the  evolution  of  the  perceived  level  of  independence  since 
2016.  The  perceived  judicial  independence  among  the  general  public  remains  at  the  same 
level  as  in  2021.  The  perceived  judicial  independence  among  companies  has  increased  in 
comparison with 2021 (39%), as well as with 2016 (33%). 

The  delay  in  the  renewal  of  the  Council  for  the  Judiciary  remains  a  concern.  The 
Council for the Judiciary has been exercising its functions ad interim since December 20186. 
This  raises  concerns  that  it  might  be  perceived  as  vulnerable  to  politicisation,  as  already 

1   Covering  the  fields  of  civil,  criminal,  administrative  and  social  law.  In  total,  there  are  2269  first  instance 

courts of general jurisdiction. 

2   Commercial  courts,  EU  trademark  courts,  courts  with  special  duties  in  the  matter  of  criminal  sentencing, 
juvenile courts, courts dealing with violence against women, and other specialised courts that can be created 
by  resolution  of  the  General  Council  for  the  Judiciary.  In  total,  there  are  1465  first  instance  courts  of 
specialised jurisdiction. 

3   Art. 117 of the Spanish Constitution enshrines the independence of magistrates and judges.  
4   Art. 124(4) of the Spanish Constitution. 
5   Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as  follows:  very  low  (below  30%  of  respondents  perceive  judicial  independence  as  fairly  good  and  very 
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 
6   The Parliament is responsible for the appointment of all its members; that is subject to a qualified majority 
of  three  fifths.  Since  2018,  negotiations  between  the  main  political  groups  are  in  a  stalemate.  Judges 
members of the  Council for the Judiciary (which are  12 out of 20) are appointed by the Congress and the 
Senate among a list of judges who have been pre-selected by judges themselves. In order to be eligible in the 
pre-selection phase, judges do not need to be part of an association of judges. 

3 

 
                                                 
referred to in the 2020 and 2021 Rule of Law Reports7. Calls have been repeated to proceed 
with  its  urgent  renewal  and  the  situation  has  been  described  by  key  stakeholders  as 
unsustainable8  and  anomalous9.  Following  the  reform  in  March  2021  specifying  the  ad 
interim regime for the General Council for the Judiciary10, the acting Council cannot proceed 
to make appointments for top judicial positions11. On 24 June 2022, the Government tabled a 
reform allowing the Council for the Judiciary to proceed with the appointment of members of 
the  Constitutional  Court12.  The  Technical  Cabinet  of  the  Supreme  Court13  published  on  18 
October  2021  a  report  on  the  consequences  of  the  lack  of  renewal  of  the  Council  for  the 
Judiciary on the appointment of judges to the Supreme Court14. The report concludes that the 
Supreme Court is exercising its functions with 14% fewer judges than required by law15, and 
this  could  result  in  the Court  issuing  1  000  fewer  decisions  per  year,  thus  undermining  the 
efficiency of justice16.  

In  the  context  of  the  renewal  of  the  Council  for  the  Judiciary,  calls  to  modify  the 
appointment  process  of  its  judges-members,  so  their  peers  elect  them,  have  been 
reiterated. Calls by stakeholders17 have been reiterated to change the system of appointment 
of the members of the Council for the Judiciary18, in line with European standards, so that no 
less  than  half  of  its  members  be  judges  chosen  by  their  peers19.  In  a  joint  statement  of  13 

7   2020 Rule of  Law Report,  Country Chapter on the  rule of law  situation  in  Spain, p. 2; 2021 Rule of  Law 

Report, Country Chapter on the rule of law situation in Spain, p. 2. 

8   Speech  of  the  President  of  the  Supreme  Court  and  the  Council  for  the  Judiciary  for  the  opening  of  the 

judicial year, 6 September 2021. 

9   Input from Spain for the 2022 Rule of Law Report, p. 3. 
10   Organic Law No. 4/2021, of 29 March. 
11   The law prevents the acting Council to appoint the president of the Supreme Court, presidents of Provincial 
Courts and High Courts of Justice, president of the  National High  Court,  and presidents of Chambers and 
Supreme Court judges. 

12   Draft Law modifying article 570 bis of Organic Law 6/1986, Reference number: 122/000239.  
13   Technical Cabinet of the Supreme Court is a body integrated in the Supreme Court that assumes functions of 
technical-legal assistance to the president, the presidents of the chamber, the different chambers of the court 
and  the  government  chamber  in  the  scope  of  their  respective  competences  and  in  matters  of  institutional 
relations,  as  well  as  public  information  on  the  jurisdictional  or  governmental  activity  of  the  court  and  the 
performance of the necessary tasks to enable the creation of jurisprudence databases. 

14   Technical  Cabinet  of  the  Supreme  Court  2021,  Report  on  the  current  and  future  impact  of  the  lack  of 

renewal of vacant posts of Magistrates of the Supreme Court.  

15   Law 38/98 of 28 December 1998. The law establishes a total of 79 magistrates for all the Chambers of the 

Supreme Court. 

16   The  report  reflects  that  if  the  lack  of  renewal  of  the  Council  for  the  Judiciary  continues,  this  number  will 

increase up to 20% in October 2022.  

17   Contribution from the Association of Prosecutors for the 2022 Rule of Law Report, p. 7;  Contribution from 
the  Professional  Association  of  the  Magistracy  for  the  2022  Rule  of  Law  Report,  p.  7;  Contribution  from 
Civic Platform for the Judicial Independence for the 2022 Rule of Law Report, p. 14; Contribution from the 
Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent Judicial Forum for the 2022 
Rule of Law Report, p. 14; Contribution from the General Council of Spanish Lawyers for the 2022 Rule of 
Law Report, p. 6.  

18   According to Art. 122(3) of the Spanish Constitution, the Council consists of the President of the Supreme 
Court  (chairing)  and  of  20  individuals  –  12  judges  or  magistrates,  and  8  lawyers  or  other  jurists  of 
recognised competence with more than fifteen years of professional practice. The Parliament is responsible 
for  the  appointment  of  all  its  members  which  is  subject  to  a  qualified  majority  of  three  fifths.  While  the 
Constitution  requires  the  eight  lawyers  and  other  jurists  to  be  appointed  by  a  three-fifths  majority  in  each 
chamber  of  the  Parliament  (four  by  the  Congress  and  four  by  the  Senate),  it  does  not  specify  how  the 
members representing judges are to be appointed.  

19   Recommendation  CM/Rec(2010)12 of the  Committee of  Ministers of  the  Council of Europe, para. 26 and 

27.  

4 

 
                                                 
September  202120,  the  four  main  associations  of  judges  agreed  that  a  reform  of  the 
appointment  system  of  the  members  of  the  Council  for  the  Judiciary  is  needed,  so  that  a 
majority  is  elected  by  their  peers,  while  there  were  discrepancies  on  the  calendar  for  such 
reform.  A  draft  proposal  to  reform  the  system  of  appointment  of  the  Council  for  the 
Judiciary21 proposing that its judges-members are directly elected by their peers did not get 
enough support in Parliament to start proceedings.  

A new disciplinary regime for prosecutors was established, while questions continue to 
be raised  regarding the autonomy of the prosecution service from the Government.  In 
May  2022,  the  Government  approved  new  rules  of  procedure  for  the  prosecution  service22. 
The rules set a regulatory framework for disciplinary matters for prosecutors, as it has been 
recommended by the Group of States against Corruption (GRECO)23. The regime is similar 
to  the  one  applicable  to  judges  and  magistrates.  The  disciplinary  procedure  is  based  on  the 
principles  of  non-retroactivity  of  unfavourable  penalty  provisions,  adversarial  process, 
proportionality and culpability. It  also includes causes of abstention and disqualification, as 
well  as  the  obligation  to  notify  the  agreement  of  filing  to  the  person  having  submitted  the 
claim or complaint. It further introduces the position of Prosecutor for Disciplinary Action. In 
April 2022, legal amendments were tabled in Parliament providing that relations between the 
Government and the Prosecutor General will be further regulated24. When implemented, this 
could be considered as a welcome development,  as it would reply to concerns raised in the 
2020 Rule of Law report25 and also by GRECO26 . Stakeholders have signalled that a wider 
reform of the statute of the Prosecutor General, in particular regarding the coincidence in the 
term  of  office  of  the  Prosecutor  General  and  the  Government27,  remains  necessary28.  This 
aspect has been subject to criticism considering in particular that the fact that the Prosecutor 
General’s  mandate  ends  at  the  same  time  as  the  Government’s  mandate  may  affect  the 
perception of independence29. The Prosecutor General herself has publicly called on the need 
to reform the statute of the prosecution service30. 

The  Judicial  Ethics  Committee  issued  an  opinion  on  the  ethical  duties  of  judges  who 
return  to  their  judicial  functions  after  having  held  political  office.  Although  there  are 
rules requiring the notification of the new temporary employment to  a specific body by the 
judge  and  there  are  general  rules  related  in  abstention  and  recusal  of  judges,  there  are  no 

20   Associations  of  Judges  (2021),  Joint  press  release  of  13  September  2021  on  the  public  statements  of 

politicians in relation to the renewal of the Council for the Judiciary.  

21   Draft Law 122/000092, Proposal of an Organic Law to modify Organic Law 6/1985, from 30 October 2020.  
22   Royal Decree 305/2022, of 3 May 2022.  
23   GRECO Fourth Evaluation Round – Second Compliance Report, recommendation xi, para. 73. 
24   Amendment  606.  The  Government  will  approve,  in  six  months,  the  procedural  rules  regulating 

communications between the Government and the Prosecutor General.  

25   2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 4. 
26   GRECO Fourth Evaluation Round – Second Interim Compliance Report, recommendation Six.  
27   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 5. 
28   Contribution  from  the  Association  of  Prosecutors  for  the  2022  Rule  of  Law  Report,  p.  5;  information 

provided by the Independent Judicial Forum in the context of the country visit to Spain. 

29   GRECO Fourth Evaluation Round – Evaluation Report, para 126.  

In its Second Compliance Report, from March 2021, GRECO acknowledged that the recommendation had 
been  considered  by  the  Government,  although  it  resulted  in  no  change  in  the  method  of  selection  and  the 
term  of  tenure  of  the  Prosecutor  General.  GRECO  also  reiterated  the  need  for  further  reflection  on  the 
additional  safeguards  that  can  be  introduced  in  the  Spanish  prosecution  system  to  shield  it  from  undue 
interference. 

30   Prosecution Council (2020), The State Attorney General promotes before the associations a plan to face the 

challenge of the reform of the Code of Criminal Procedure.  

5 

 
                                                 
 
specific rules in place establishing safeguards relating to temporary employment of judges as 
members  of  the  executive  or  legislative  powers31.  There  are  provisions  establishing  that 
judges  continue  to  acquire  seniority  in  service  while  they  are  in  political  office.  As  also 
reflected in the 2021 Rule of Law Report32, stakeholders have criticised this situation33, as it 
raises  questions  from  the  point  of  view  of  the  separation  of  powers  and  regarding  the 
necessary  independence  and  impartiality  of  judges  in  reality  and  in  appearance34.  In  this 
context,  the  Judicial  Ethics  Committee35  has  issued  a  non-binding  opinion  on  the  ethical 
duties of judges who return to their judicial functions after having held political office36. The 
opinion focuses on activities where such judges are performing actions for which they can be 
identified  by  the  public  as  judges  not  only  in  the  exercise  of  jurisdiction,  but  in  all  other 
facets  of  the  office.  It  is  also  indicated  that  when  judges  return  to  their  judicial  functions, 
special explanatory or pedagogical efforts are needed to reinforce confidence in the judicial 
system to avoid the perception of interference by the executive and/or legislative powers in 
decisions taken by the judiciary. 

Stakeholders  have  raised  concerns  of  public  statements  by  politicians,  including 
members of Parliament and the Government, in relation to members of the judiciary37. 
In  November  2021,  the  four  main  associations  of  judges  published  a  joint  press  release 
calling  politicians  to  refrain  from  comments  that  could  potentially  damage  judicial 
independence38.  In  particular,  it  was  highlighted  that  the  focus  has  moved  from  criticism 
regarding  specific  court  decisions  to  criticism  pertaining  to  the  judges  behind  those 
decisions39. The Supreme Court, in a decision issued on 18 March 202240, reflected that while 
such public statements are protected by the right to freedom of expression, it is important that 
elected  representatives  exercising  institutional  responsibilities  are  prudent  when  expressing 
their  opinions.  According  to  European  standards,  while  courts  are  not  immune  to  criticism 
and scrutiny, the judiciary must enjoy public confidence to be successful in view of its special 
role in society41.  

31   Figure 58, 2022 EU Justice Scoreboard. 
32   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 4. 
33   Contribution  from  the  Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the  Independent 
Judicial Forum for the 2022 Rule of  Law  Report,  p. 17; Contribution  from Civic Platform for the Judicial 
Independence for the 2022 Rule of Law Report, p. 11; Contribution from the Association of Prosecutors for 
the 2022 Rule of Law Report, pp. 15-16. 

34   GRECO Fourth Evaluation Round – Evaluation Report, paras. 102-103. 
35   The Judicial Ethics Committee is an independent body of the Council of the Judiciary. 
36   Judicial Ethics Committee 2021, Opinion 1/21.  
37   Contribution  from  Civic  Platform  for  the  Judicial  Independence  for  the  2022  Rule  of  Law  Report,  p.  16; 
Contribution  from  the  Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the  Independent 
Judicial Forum for the 2022 Rule of Law Report, p. 14; Contribution from the Professional Association of 
the Magistracy for the 2022 Rule of Law Report, p. 3. 

38   Associations of Judges 2021, Press Release of 21 November 2021 on the statements of politicians on judicial 

resolutions.  

39   Information  provided  by  Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  in  the  context  of  the 

country visit to Spain. 

40   Poder Judicial (2022), Press Release 18 March 2022. 
41   Venice Commission (CDL-AD(2013)038), Opinion on the legislation on defamation of Italy, para. 21-22. It 
may prove necessary to protect public confidence on the judiciary against attacks, especially in view of the 
fact  that  judges  who  have  been  criticised  are  subject  to  a  duty  of  discretion  that  precludes  them  from 
replying. 

6 

 
                                                 
Quality  

New  measures  that  facilitate  access  to  justice  of  persons  with  disabilities  have  been 
implemented.  In September 2021,  a law  aiming to support persons  with  disabilities on the 
exercise of their legal capacity42 entered into force. The law establishes a new system more 
respectful  of  the  will  and  preferences  of  persons  with  disabilities  and  provides  legal 
guarantees  to  prevent  possible  abuses.  This  reform  was  considered  by  stakeholders  as  a 
positive  step  contributing  to  facilitate  the  access  to  justice  of  people  with  disabilities43. 
Moreover,  on  13  January  2022,  a  unit  was  created  within  the  Documentary  Center  of  the 
Council for the Judiciary (CENDOJ) to guarantee accessibility for persons with disabilities to 
digital applications of the Council for the Judiciary44. In addition, the Spanish Bar offered a 
course to lawyers on the legal protection of persons with disabilities, to promote the creation 
of free legal aid shifts for people with disabilities45.  

Work on the revision of the Code of Criminal  Procedure continues46.  In July 2021, the 
Prosecutor General’s Office published a technical report on the draft law reforming the Code 
of Criminal Procedure that had been tabled on 24 November 202047. The report welcomes the 
reform, in particular the changes on the system for judicial investigation, which would be led 
by  prosecutors  instead  of  investigative  judges,  as  it  is  currently  the  case48.  However,  the 
report  also  pointed  to  some  aspects  that  could  contribute  to  an  increase  of  the  length  of 
proceedings.  In  this  context,  the  Ministry  of  Justice  put  on  hold  discussions  on  the  tabled 
draft law and created an ad-hoc working group in order to discuss a new draft law aiming to 
obtain  a  wide  consensus  of  relevant  stakeholders49.  The  Working  Group  is  expected  to 
publish its findings in June 2022.  

Efforts are ongoing to address challenges regarding resources of the justice system. The 
number of judges per inhabitant  remains one of  the lowest  in  the EU50.  In this context,  the 
Government  plans  the  creation  of  70  new  posts  by  the  end  of  202251.  In  addition,  the  total 
budget allocated to the justice system increased by 7% in comparison with 202052. Moreover, 
concerns have been raised in relation to difficulties to fill vacant positions in some regions of 

42   Law 8/2021 reforming civil and procedural legislation to support people with disabilities on the exercise of 

their legal capacity.  

43   Information provided by the General Council of Spanish Lawyers in the context of the country visit to Spain.  
44   Contribution from Council for the Judiciary for the 2022 Rule of Law Report, p. 13. 
45   Contribution from the General Council of Spanish Lawyers for the 2022 Rule of Law Report, p. 18. 
46   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 6. 
47   Written  contribution  received  from  the  Prosecutor  General’s  Office  in  the  context  of  the  country  visit  to 

Spain. 

48   Currently,  the  system  confers  on  the  investigative  judge  the  power  to  lead  the  investigation,  while 
prosecutors  can  only  demand  the  adoption  of  precautionary  or  investigative  measures  to  be  taken  by  the 
judge (Art. 5, Law No. 50/1981 of 30 December). 

49   Input from Spain for the 2022 Rule of Law Report, p. 10. The Working Group is formed by the Ministry of 
Justice,  the  Ministry  of  Home  Affairs,  the  technical  cabinet  of  the  Council  for  the  Judiciary,  the  technical 
secretariat of the General Prosecutor, the General Council of Procuradores, the General Council of Spanish 
Lawyers, and academics.  

50   Figure  36, 2022 EU Justice Scoreboard. This category consists of judges  working  full-time, in accordance 
with the CEPEJ methodology. It does not include the Rechtspfleger/court clerks/letrados that exist in some 
Member States such as Spain.  

51   Input from Spain for the 2022 Rule of Law Report, p. 6. Written contribution received from the Ministry of 

Justice in the context of the country visit to Spain. 

52   Contribution  from  the  Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the  Independent 

Judicial Forum for the 2022 Rule of Law Report, p. 15. 

7 

 
                                                 
Spain53.  These  vacancies  are  often  covered  by  substitute-judges54.  In  December  2021,  the 
Government  announced  a  scholarship  programme  to  support  the  access  to  the  judicial  and 
prosecutorial careers55. The programme is formed by 245 scholarships and a total budget of 
EUR  1  619  940.  The  main  objective  of  the  programme  is  to  reduce  the  impact  of  socio-
economic barriers limiting the access to said careers.  

The use of ICT tools is well established and shortcomings of the digitalisation of justice, 
such as interoperability issues, are being addressed. As reflected in the 2021 Rule of Law 
Report56,  the  use  of  ICT  tools  in  the  justice  system  is  widespread57.  The  Government  is 
working  on  a  law  on  digital  efficiency.  The  law  would  promote  the  use  of  electronic  case 
records, electronic processing of legal procedures and the use of digital solutions to conduct 
and  follow  court  proceedings58.  Shortcomings  in  relation  to  interoperability  between  the 
management  systems  used  in  the  different  Autonomous  Regions,  as  mentioned  in  the  2021 
Rule of Law Report59, are being addressed in the context of the improvement of the digital 
ecosystem  of  the  public  administration60.  In  particular,  the  exchange  of  files  is  already 
possible between the regions where the management of the Justice system is carried out by 
the  Ministry  of  Justice61  and  the  Autonomous  Regions  of  Andalusia,  Canary  Islands  and 
Madrid62.  This  is  currently  done  via  an  independent  tool  in  the  frame  of  the  so-called 
“Judicial Interoperability HUB” project; and the next phases of the project envisage a closer 
interoperability between IT systems63. Further investments on the digitalisation of justice are 
planned within the Spanish Recovery and Resilience Plan64.  

The Government is working on a draft law on the right of defence. The Government is 
working on a draft law on the right of defence. The draft law compiles in one legal document 
the different aspects of the right of defence, which are currently spread in a number of pieces 
of specialised legislation. It also provides for additional guarantees to the right of access to 
effective  judicial  protection  and  incorporates  suggestions  from  the  General  Council  of 
Spanish Lawyers and other relevant stakeholders.  

53   Contribution from Council for the Judiciary for the 2022 Rule of Law Report, p. 11. 
54   Information  provided  by  the  Ministry  of  Justice  and  the  Council  for  the  Judiciary  in  the  context  of  the 
country visit to Spain. These substitute-judges, appointed by the Council for the Judiciary on the proposal of 
High  Regional  Courts, although not  subject to the same recruitment procedure and training programme  as 
career judges, may exercise judicial functions in courts of the different jurisdictions.  

55   Written contribution received from the Ministry of Justice in the context of the country visit to Spain. 
56   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 6. 
57   Figures 41-49, 2022 EU Justice Scoreboard.  
58   Input from Spain for the 2022 Rule of Law Report, p. 8. 
59   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, pp. 5-6. 
60   Input from Spain for the 2022 Rule of Law Report, pp. 7-8. That includes, among others, Civil Registries, 
Administrative  Registries  of  the  Administration  of  Justice,  forensic  institutes,  State  Security  Forces  and 
Bodies, penal institutions and other public administrations.  

61   The management of the Justice system is carried out by the Ministry of Justice in the Autonomous Regions 
of  Castilla  and  León,  Castilla-La  Mancha,  Murcia,  Baleares,  Extremadura  and  the  Autonomous  Cities  of 
Ceuta and Melilla. 

62   Input from Spain for the 2022 Rule of Law Report, p. 8. 
63   Written contribution received from the Ministry of Justice in the context of the country visit to Spain. 
64   Recovery  and  Resilience  Plan  2021,  Component  11,  p.  42.  Investments  include  among  others  the 
improvement of digital services, the creation of an electronic case record, the modernisation of infrastructure 
and the development of interoperability and cybersecurity mechanisms.  

8 

 
                                                 
Efficiency 

Challenges regarding the efficiency of the justice system are increasing, including as a 
result  of  the  COVID-19  pandemic.  The  disposition  time  in  civil,  commercial,  and 
administrative cases in first instance increased from 274 days in 2019 to 349 days in 202065, 
possibly as a result of the COVID-19 pandemic.  Furthermore, the disposition  time for civil 
and commercial cases in the Supreme Court significantly increased since 2019, reaching 888 
days66  (in  2019  this  figure  was  681  days67).  The  clearance  rate  for  litigious  civil  and 
commercial cases decreased in 2020 to 89.8% and it is now one of the lowest of the EU68. On 
the  positive  side,  the  clearance  rate  for  the  second  instance  civil  and  commercial  cases  has 
increased  from  93.0%  to  116.9%  and  the  disposition  time  has  decreased  from  279  to  227 
days.  Moreover,  the  clearance  rate  in  administrative  cases  first  instance  has  increased  from 
92.2%  to  99.5%.  However,  the  number  of  pending  litigious  civil,  commercial,  and 
administrative  cases  remains  very  high  and  has  continued  to  increase  steadily69.  Concerns 
about the efficiency of the Spanish justice system were raised by stakeholders70, including in 
connection with deficiencies of the current procedural system.  

The Government has tabled  several legal initiatives aimed to increase the efficiency of 
the justice system. The Parliament started discussions on the laws on the organisational and 
procedural  efficiency  of  the  justice  system  in  April  2022.  As  reflected  in  the  2021  Rule  of 
Law Report71, these draft laws aim to shorten the length of procedures in all four jurisdictions 
while  preserving  the  procedural  guarantees  of  citizens.  The  adoption  of  these  legislative 
proposals are milestones covered within the Spanish Recovery and Resilience Plan72.  

II. 

ANTI-CORRUPTION FRAMEWORK  

In  Spain,  the  Anti-Corruption  Prosecutor’s  Office  (ACPO)73  is  responsible  for  the 
investigation, detection and prosecution of corruption with the assistance of law enforcement 
agencies.  Attached  Units  –  from  the  National  Police74  and  the  Civil  Guard75  -  and  Support 
Units of the State Tax Administration Agency (AEAT) and the General Intervention Board of 
the State Administration (IGAE), all of whom contribute with analytical work76. The National 
Anti-Fraud Coordination Service77 oversees anti-fraud measures and conducts investigations 
at national level while several Autonomous Regions have their own offices to fight fraud in 

65   Figure 6, 2022 EU Justice Scoreboard. 
66   Figure 8, 2022 EU Justice Scoreboard. 
67   Figure 8, 2021 EU Justice Scoreboard.  
68   Figure 11, 2022 EU Justice Scoreboard. 
69   Figure 14, 2022 EU Justice Scoreboard. 
70   Defensor  del  Pueblo  (2022),  Annual  Report  2021,  p.  29;  Contribution  from  the  Judges  and  Magistrates’ 
Association Francisco de  Vitoria and the Independent Judicial Forum for the 2022 Rule of Law Report, p. 
16; Contribution from the Association of Prosecutors for the 2022 Rule of Law Report, p. 13. 

71   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 7. 
72   Recovery and Resilience Plan 2021, Component 11, pp. 26-28. 
73   Law 10/1995, of 24 April, amending Law 50/1981, of 30 December, which regulates the Organic Statute of 
the  Public  Prosecutor's  Office  and  creates  the  Special  Prosecutor's  Office  for  the  Repression  of  Economic 
Crimes Related to Corruption. Official State Bulletin, 25 April 1995, n. 98, pp. 12102-2103. 

74   Royal Decree 769/1987, of June 19, on regulation of the Judicial Police.  
75   Royal Decree 769/1987, of June 19, on regulation of the Judicial Police.  
76   Anti-Corruption Prosecutor’s Office (2020), Annual Report 2019, p. 698. 
77   Governed by the Additional Provision 25 of General Subsidies Law 38/2003, of 17 November. 

9 

 
                                                 
their  territories78.  The  Office  of  Conflicts  of  Interest  oversees  asset  declarations  for 
Government  officials  and  political  appointees79.  Rules  on  transparency,  access  to  public 
information  and good  governance are monitored by the Council of Transparency  and Good 
Governance whereas a number of Autonomous Regions have their own Council to perform 
the  same  role  than  the  Council  of  Transparency  and  Good  Governance80.  The  Court  of 
Auditors is in charge of the audit of the financial-economic activity and regular accounting of 
political  parties,  as  well  as  of  the  contributions  received  by  foundations  and  associations 
linked to the political parties represented in the Spanish Parliament81. 

The  perception  among  experts  and  the  business  community  is  that  the  level  of 
corruption in the public sector remains relatively low. In the 2021 Corruption Perceptions 
Index  by  Transparency  International,  Spain  scores  61/100  and  ranks  10th  in  the  European 
Union and 34th globally82. This perception has improved over the past five years83. The 2022 
Special  Eurobarometer  on  Corruption  shows  that  89%  of  respondents  consider  corruption 
widespread  in  their  country  (EU  average  68%)  and  46%  of  respondents  feel  personally 
affected by corruption in their daily lives (EU average 24%)84. As regards businesses, 86% of 
companies consider that corruption is widespread (EU average 63%) and 59% consider that 
that corruption is a problem when doing business (EU average 34%)85. Furthermore, 32% of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices  (EU  average  34%)86,  while  11%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 29%)87.  

The adoption of a national anti-corruption plan is being considered, which is expected 
to contribute to creating a comprehensive policy to prevent and reduce corruption. A set 
of actions are also under implementation in the framework of the Strategy against Organised 

78   Catalonia Anti-Fraud Office, which is regulated by Law 14/2008, of 5  November 2015 of the Autonomous 
Region of Catalonia; Valencia Agency for the Prevention and Fight against Fraud and Corruption, which is 
regulated  by  Law  11/2016  of  28  November  2015  of  the  Autonomous  Region  of  Valencia;  Office  for 
Prevention and Fight against Corruption of the Balearic Islands, regulated by Law 16/2016 of 9 December 
2016  on  the  Balearic  Islands;  Municipal  Anti-Fraud  and  Corruption  Office  of  the  Madrid  City  Council, 
which  is  governed  by  its  Organic  Regulation  approved  by  agreement  of  the  Madrid  City  Council  of  23 
December  2016;  Office  for  Transparency  and  Good  Practice  of  the  City  of  Barcelona  (Directorate  of  the 
Analysis Service). 

79   These  are  political  appointments  made  by  Government  decree  and  include  secretaries  of  State,  senior 

officials in ministries, ambassadors and chefs of public companies, among others. 

80   Transparency  Agency  of  the  Barcelona  Metropolitan  Area's  government,  created  on  14  December  2015, 

Anti-Fraud and Anti-Corruption Office of Andalucía, created by Law 2/2021, June 18th. 

81   Law 2/1982, of 2 May 1982. To be noted that while the Court of Auditors is not an anti-corruption body per 
se, its work is still relevant in the topics covered under the Anti-Corruption Framework section of the report. 
82   Transparency International (2022), Corruption Perceptions Index 2021. The level of perceived corruption is 
categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50). 

83   In 2017, the score was 57, while, in 2021, the score is 61. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

84   Special  Eurobarometer  523  (2022).  The  Eurobarometer  data  on  citizens’  corruption  perception  and 
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020). 
85   Flash  Eurobarometer  507  (2022).  The  Eurobarometer  data  on  business  attitudes  towards  corruption  as  is 

updated every second year. The previous data set is the Flash Eurobarometer 482 (2019). 

86   Special Eurobarometer 523 (2022). 
87   Flash Eurobarometer 507 (2022). 

10 

 
                                                 
Crime  2019-202388.  The  strategy  aims  to  minimise  corruption  risks  by  increasing  the 
transparency  and  efficiency  of  law  enforcement  agencies  when  investigating  corruption-
related  crimes.  In  this  regard,  two  ongoing  strategic  plans  for  the  National  Police  and  the 
Guardia  Civil  will  include  specific  objectives  to  improve  indicators  of  corruption  risks  to 
better  detect  and  fight  corruption  crimes,  for  instance,  the  percentage  of  prosecuted 
investigations  out  of  total  public  corruption  investigations89.  The  Ministry  of  the  Interior 
approved in March 2022 the Third Special Security Plan for Campo de Gibraltar against drug 
trafficking, with a focus on corruption and other economic related crimes90. Meanwhile, the 
National  Anti-Fraud  Strategy  is  currently  being  drafted  by  the  National  Anti-Fraud 
Coordination  Service  in  close  cooperation  with  the  auditing  authority  and  the  national  tax 
administration law enforcement Agencies (National Police and Civil Guard) and the National 
Prosecutor´s  Office91.  The  preparation  of  the  strategy  is  being  supported  by  an  EU-funded 
project with the technical support of the OECD, focusing on enhancing public accountability, 
promoting the use of data, and strengthening coordination mechanisms across Government92. 
Moreover,  the  adoption  of  a  national  anticorruption  plan  is  being  considered,  which  is 
expected to contribute to creating a comprehensive policy to prevent and reduce corruption93. 

Several  initiatives  to  enhance  integrity  in  the  public  sector  are  in  the  process  of 
implementation.  Those  include  guidelines  of  conduct  for  public  employees  and  senior 
officials, models of risk maps in organisations, models for ethical climate surveys, models of 
ethics committees, guides for the development of internal reporting channels, guides for the 
management  of  institutional  ethics  mailboxes,  activities  and  means  of  training  and 
dissemination,  and  mechanisms  for  monitoring,  evaluating  and  reviewing  the  system.  The 
Government is currently assessing the integrity systems in the public administration in order 
to  develop  and  implement  codes  of  conduct  which  set  common  standards  to  prevent 
corruption  in  public  office94.  The  approach  is  to  enact  tailor  made  codes  based  on  the 
characteristics,  risks  and  specificities  of  each  public  service  and  with  the  aim  to  develop 
follow-up strategies95. In addition, to strengthen the integrity within the National Police and 
the  Civil  Guard,  a  new  National  Office  for  Human  Rights  Guarantees96  was  set  up  in 
February  2022.  The  Office  has  the  aim  to  promote  the  professional  and  ethical  integrity  of 
members  of  the  law  enforcement  agencies  through  application  of  rules  governing  general 

88   2019-2023 Strategy against Organised Crime and Serious Crime. 
89   Input from Spain for the 2022 Rule of Law Report, p. 16. 
90   Information received from the Ministry of Home Affairs in the context of the country visit in Spain.  
91   Information provided by the Ministry of Interior in the context of the country visit in Spain. The scope of the 
National  Anti-Fraud  Strategy  has  extended  to  the  protection  of  the  financial  interest  of  Spain,  including 
integrity policies for civil servants. Also,  Spain chairs the Global Operational Network of Anti-Corruption 
Law  Enforcement  Authorities  (GlobE  Network),  under  the  auspicious  of  the  UN  Convention  against 
Corruption, through the Spanish Law Enforcement and the National Anti-Fraud Coordination Service. 

92   OECD (2021), Enhancing Public Accountability in Spain Through Continuous Supervision. 
93   GRECO  Fifth  Evaluation  Round  -  Compliance  Report,  para.  15;  information  provided  by  IGAE  in  the 

context of the country visit in Spain.  

94   Ministry of  Regional Planning and Public Administration (2021), Preventive systems of public integrity in 

the General Administration of the State.  

95   Input from Spain for the 2022 Rule of Law Report, p. 18.  
96   Instruction by the Secretary of State of Security 1/2022, of 22 February 2022.  

11 

 
                                                 
staff of the administration97, and in particular through the application of their respective codes 
of ethics98.  

The  length  of  corruption  investigations  and  prosecutions  remains  a  concern,  in 
particular with regard to high-level corruption cases. Bribery, fraud and corruption in the 
public  administration  continue  to  be  the  main  risks  of  serious  corruption  in  Spain99.  The 
number of procedures opened on corruption charges amounted to 53 in 2021100. In addition, 
of all adjudicated cases of corruption crimes in the course of 2021, a total of 44 cases were 
convictions or partial convictions, while 21 were acquittals101. The Government has assigned 
nine extra posts to the Anti-Corruption Prosecutor’s Office which is competent for two major 
areas of offences, namely  economic offences and offences committed by public officials  in 
the exercise of their official duties. With this increase, the  Office has  reached  a total  of 29 
prosecutors  at  national  level  as  well  as  30  delegated  prosecutors  at  regional  level102.  In 
addition,  specific  corruption-focused  training  sessions  were  carried  out  in  order  to  improve 
investigation of economic crime and corruption103. However, as highlighted in the 2021 Rule 
of  Law  Report104,  investigation  and  prosecution  of  high-level  corruption  continue  to  be 
lengthy  and  delayed  which  generates  concern105.  This  lack  of  efficiency  in  handling  high-
level corruption cases is still mostly due to shortage of adequate funding and expertise despite 
the efforts made on training106. Lack of communication between anti-corruption prosecutors 
is also considered a shortcoming107. The Government expects that the revision of the Code of 
Criminal Procedure would contribute in tackling these issues108. 

Resources  of  the  Council  of  Transparency  and  Good  Governance  have  been 
strenghtened. The Council of Transparency  and  Good Governance having as aim ensuring 
transparency,  public  access  to  information  and  good  governance,  has  received  additional 
funding  and  its  2021  budget  increased  by  4,7%  in  comparison  with  2020109.  In  terms  of 
human resources, the Council of Transparency and Good Governance has also recruited four 
additional  technical  posts  and  two  administrative  staff110.  In  addition,  a  new  document 
management  system  is  now  in  place  and  will  enhance  the  development  of  the  complaint 

97   Written contribution received from the National Police and the Civil Guard in the context of the country visit 

to Spain. 

98   Most  recent  legislative  acts  include:  Code  of  ethics  of  the  National  Police  Force  for  2013;  Royal  Decree 
176/2022  of  4  March  approving  the  Code  of  Conduct  for Civil  Guard  staff.  Its  implementation  is  ensured 
through awareness raising and training, the exercise of command work, supervision and, ultimately, through 
the  relevant  disciplinary  legislation  which  provides  for  and  penalises  conduct  in  contravention  of  human 
rights. 

99   2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10. 
100  Information obtained from the database of the Council for the Judiciary.  
101  Ibid.  
102  Anti-Corruption Prosecutor’s Office (2021), Annual Report 2020, p. 646. 
103  Written contribution received from the Ministry of Justice in the context of the country visit to Spain.  
104  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10. 
105 Information received from the Association of Prosecutors in the context of the country visit to Spain. 
106 Information received from the Association of Prosecutors in the context of the country visit to Spain. 
107  Information received from the Progressive Union of Prosecutors in the context of the country visit to Spain. 
108  One  of  the  main  novelties of  the reform are the  new powers of the investigating prosecutor and the judge 
responsible for guarantees,  as  well as the  alignment of  the  reform  with other ongoing projects such as the 
procedural rules on efficiency, which seek to modernise judicial proceedings. - Written contribution received 
from the Ministry of Justice in the context of the country visit to Spain. 

109  GRECO Fifth Evaluation Round - Compliance Report, para. 38. 
110  Information received from the Council of Transparency and Good Governance in the context of the country 

visit to Spain. 

12 

 
                                                 
procedure by improving the relation with all parts involved (including citizens and regional 
and  local  transparency  entitities)  and  reducing  formalities111.  While  the  Council  of 
Transparency  and  Good  Governance  has  welcomed  the  strengthening  of  resources,  it  has 
highlighted that given the increased trend of workload since 2019112, additional efforts would 
still be needed to guarantee the proper performance of its tasks – an observation that has also 
been made by GRECO113.  

Ethics and integrity rules for civil servants are being amended in view of improving the 
rules on conflicts of interest. As already reflected in the 2021 Rule of  Law Report114, one 
commitment  under  the  Fourth  Open  Government  Plan115  is  to  strengthen  the  system  to 
prevent  conflicts  of  interests  and  incompatibilities116  of  employees  working  for  all  public 
administrations117. The Government is currently finalising the draft law on incompatibilities 
including  improved  conflicts  of  interest  rules118.  The  draft  law  would  apply  to  all  public 
employees and civil servants. While the Office of Conflicts of Interest continues overseeing 
and enforcing conflicts of interest rules and the system for asset declaration of senior officials 
and members of Government, GRECO has insisted on the reinforcement of the independence 
and autonomy of the Office119. Moreover, draft legislation is being prepared in relation to the 
regime of incompatibilities for civil servants of the National Police120 and the Civil Guard121; 
the latter is  planned for  adoption in  2023. This  new regulation will update and develop  the 
one  already  in  force122.  In  relation  to  asset  disclosure,  systematic  publication  of  asset 
declarations is done on a yearly basis by digital means. The information is gathered in new 
forms  has  been  further  categorised  to  provide  overall  sums  regarding  real  estate  property, 
bank  deposits,  capital  stock  and  equity  shares,  life  insurances  and  retirement  plans,  other 
financial assets and property rights, and liabilities. The individual forms are then collated in a 
single document which is published in the Official Journal and also made available online123. 
Those developments were welcomed by GRECO124.  

111  Ibid.  
112  Council of Transparency and Good Governance, Strategic Plan 2022-2025. 
113  GRECO Fifth Evaluation Round - Compliance Report, para. 39. 
114  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 11. 
115  Fourth Open Government Action Plan for Spain (2020-2024).  
116 The system of incompatibilities is a system of measures to prevent conflicts of interest in the exercise of the 
duties  as  public  representatives  by  establishing  activities  that  are  not  compatible  with  the  duty  in  public 
office. 

117  Following  a  public  consultation  on  the  project  initiative,  a  working  group  was  established  to  discuss  the 
reinforcement  of  the  prevention  regime  of  conflicts  of  interests  for  political  advisors  including  improved 
transparency requirements and post-employment limitations, p. 3. 

118  Replacing Law 53/1984 on Incompatibilities of Public Administration Personnel. 
119  GRECO Fifth Evaluation Round - Compliance Report, p. 6. 
120  This  is  based  on  the  legal  framework  established  by  Organic  Law  9/2015  of  28  July  1992  on  the  Staff 
Regulations  of  the  National  Police,  Article 15  of  which  provides  that,  by  regulation,  the  rules  for 
implementing and applying the general rules on incompatibilities of staff serving the Public Administrations 
shall be adopted in order to adapt it to the specific structure and functions of the National Police. 

121  This relates to the provisions of Law 29/2014 of 28 November 1992 on the Conditions of Employment of 
Civil  Guard  Staff  and  Article  22  of  Organic  Law  11/2007  of  22  October  2003  regulating  the  rights  and 
duties of members of the Civil Guard. 

122  Written contribution received from the Ministry of Home Affairs in the context of the country visit to Spain.  
123 Assets declarations: mptfp.gob.es.  
124  GRECO Fifth Evaluation Round - Compliance Report, para. 51-54. GRECO has stated that these rules can 
be further strengthened. For instance, there can be a more detailed disaggregation of information and assets, 
shortening  the  timeframes  for  reporting  and  including  information  on  spouses  and  dependent  family 
members.  

13 

 
                                                 
Preparations  are  progressing  on  a  draft  law  on  lobbying,  which  would  contribute  to 
strengthening  transparency  on  contacts  between  high-level  officials  and  interest 
groups125. Currently,  lobbying remains unregulated in  Spain.  The  Government  has recently 
progressed in efforts aiming at enacting a lobbying legislation. Following the results from the 
public consultation referred to in the 2021 report, the Integrity Working Group of the Open 
Government Forum has advanced on the draft law, which was intended to be presented to the 
Parliament  in  the  next  months2022126.  A  key  achievement  of  this  draft  law  would  be  the 
establishment  of  a  mandatory  public  register  of  lobbyists127.  [The  draft  law  is  expected  to 
cover,  among  others,  aspects  related  to  the  definition  of  interest  groups;  duties  and 
obligations of members and representatives of interest groups; a code of conduct applying to 
lobbyists; limitations of revolving doors between high-level officials and interest groups; and 
sanctions.  The  adoption  of  this  draft  law  would  complement  positive  actions  already 
implemented  by  the  Spanish  Parliament,  such  as  the  disclosure  of  contacts  by  members  of 
Parliament with third parties128. 

New whistleblower protection legislation expected to align national legislation with EU 
law  requirements  is  awaiting  adoption  by  the  Government.  Spain  remains  without  a 
stand-alone legislation to ensure protection of persons reporting criminal offences including 
corruption. On 4 March 2022, the Council of Ministers received a report on  the draft law129 
to  transpose  Directive (EU) 2019/1937130, increasing the levels  of protection for those who 
report on corruption and other wrongdoings. This scope of the Law would cover violations of 
national law, thereby going beyond the material scope of Directive (EU) 2019/1937. 

The  Court  of  Auditors  has  issued  recommendations  aimed  at  strengthening  the  legal 
framework regulating funding of political parties. On 27 July 2021, the Court of Auditors 
published  an  opinion  regarding  funding  and  financial-economic  activities  of  political 
parties131.  The  opinion  includes  a  number  of  recommendations  related  to,  among  others, 
private  donations,  new  ways  of  party  financing,  such  as  crowdfunding  and  microloans, 
developments  related  to  the  tracing  of  the  origin  and  destination  of  private  financing,  and 
clarifications  on the categorisation of  electoral  costs subject  to  reimbursement;  for example 
ensuring that rules on donations for electoral and ordinary activities are applied accordingly 
or limiting donations in cash in order to document the origin of donations. Moreover, on 27 
January  2022132,  the  Court  of  Auditors  formally  requested  the  Parliament  to  reform  the 
Organic Law governing the financing of political parties133, in particular the aspects related to 

125  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 12. 
126  GRECO Fifth Evaluation Round - Compliance Report, p. 8. 
127  Input from Spain for the 2022 Rule of Law Report, p. 3. 
128  GRECO  Fifth  Evaluation  Round  -  Compliance  Report,  para.  44.  The  Parliament  is  publishing  members’ 
agendas on the ‘Transparency Portal’ of the Congress and Senate, as well as tracking third party involvement 
in the elaboration of legislation.  

129  The  urgent  administrative  procedure  provided  for  in  Article 27  (1)  (a)  of  Government  Law  50/1997  of  27 
November  on  the  procedure  for  drafting  and  approving  the  aforementioned  preliminary  draft  law  was 
agreed.  The  draft  law  introduces  rules  on  effective  protection  of  whistleblowers  with  regard  to  possible 
breaches of the EU and national law.  

130  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.  
131  Court  of  Auditors  (2021),  Opinion  1445  regarding  funding,  financial-economic  activities  and  control  of 

political parties and foundations and other entities linked to political parties.  

132  Court  of  Auditors  (2022),  Press  release  31  January  2022,  ‘The  Court  of  Auditors  agrees  to  request  a 
modification of the Organic Law on the Financing of Political Parties for the second time to the Parliament’. 

133  Organic Law 8/2007, of 4 July 2007.  

14 

 
                                                 
the thresholds for sanctions and the disproportionate impact on small political parties mostly 
operating at local level. 

Efforts  have  been  made  to  assess  fraud  risks  and  to  target  control  activities  linked  to 
spending A specific project  was  carried out in  2021 by the General  Controller of the State 
Administration with the support of the OECD on assessing fraud risks and targeting control 
activities linked to spending on recovery funding which is expected to also contribute to the 
fight against corruption as the two are interlinked. Overall, the project should strengthen the 
oversight  and  control  also  in  terms  of  corruption-related  activities.  Specifically,  the  project 
developed machine-learning techniques to enhance existing fraud risk assessments, focusing 
on the use of data for detecting fraud risks linked to public grants and subsidies. The project 
resulted  in  a  model  to  detect  risks,  developed  with  specific  datasets,  and  a  mapping  of 
datasets to use in the future. The project also assessed the preconditions for IGAE’s adoption 
of advanced analytics and data-driven risk assessments, including ways for it to improve data 
governance and data management134. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  Constitution  enshrines  the  rights  to  freedom  of  expression  and  media  freedom135.  The 
general  legislative  framework  concerning  media  freedom  and  pluralism  in  Spain  remains 
solid  and  stable.  An  independent  multi-regulatory  body,  the  National  Commission  for 
Markets and Competition (CNMC), assumes the role of audiovisual regulator136.  

A  law  on  Audiovisual communication  attributing  new  competences  to  the  Audiovisual 
regulator was adopted, while concerns on its resources remain.  The  Draft General  Law 
on  Audiovisual  Communication  was  adopted  by  Parliament  on  26  May  2022137.  The  law 
provides that new competences would be attributed to the Audiovisual Sub-Directorate of the 
National  Commission  for  Markets  and  Competition  (CNMC).  Those  new  competences 
include,  among  others,  supervision  of  providers  of  video  sharing  platform  services, 
monitoring  the compliance of the public service  mission of the national  public broadcaster, 
new  reporting  obligations  on  media  literacy  and  supervision  of  radio-on-demand  services 
(‘podcasts’). However, the law does not address the adequacy of resources requirement in the 
Audio-Visual  Media  Services  Directive  (AVMSD)138.  This  has  been 
indicated  by 
stakeholders, including the CNMC itself, as problematic139, as also indicated in the 2021 Rule 
of  Law  Report140.  Equally,  concerns  as  to  the  operational  autonomy  of  CNMC  in 
organisational and functioning matters, like recruitment, salaries or staff numbers remain141. 
Three regions (Andalusia, Catalonia and Valencia) have established independent regulators, 

134  OECD  (2021),  Countering  Public  Grant  Fraud  in  Spain:  Machine  Learning  for  Assessing  Risks  and 

Targeting Control Activities.  
135  Art. 20 of the Spanish Constitution. 
136  Spain ranks 32th in the 2022 Reporters without Borders World Press Freedom Index compared to 29th in the 

previous year.  

137 General Law on Audiovisual Communication, of 26 May 2022. To be noted that the European Commission 
on 19 May 2022 had referred Spain (and four other Member States) to the Court of Justice of the European 
Union over the failure to transpose the revised AVMSD. 

138  Art. 30.4 AVMSD. 
139  Written  contribution  received  from  the  CNMC  in  the  context  of  the  country  visit  to  Spain;  2022  Media 
Pluralism  Monitor,  Country  Report  on  Spain,  p.  10;  information  received  from  the  Association  of  Media 
Users in the context of the country visit to Spain. 

140  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14. 
141 Information received from the CNMC in the context of the country visit to Spain. 

15 

 
                                                 
while  others  have  opted  for  other  regulatory  arrangements,  such  as  operating  as  part  of  the 
regional  ministries.  The  law  includes  provisions  setting  up  a  Group  of  Audiovisual 
Regulatory Authorities, composed of representatives at national and regional level, to foster 
the  exchange  of  expertise  and  best  practices  on  the  application  of  legislation  audiovisual 
communications142.  

New legal provisions on the transparency of media ownership have been adopted, while 
challenges  remain.  As  indicated  in  the  2020  and  2021  Rule  of  Law  Reports143,  ownership 
data  is  publicly  accessible,  but  ownership  information  is  not  exhaustive  (provided  only  for 
radio  and  television)  and  there  are  difficulties  to  assess  beneficial  ownership.  Spain  has  a 
National Registry of Audiovisual Communication Service Providers, which can be accessed 
freely by the public and contains information on owners with significant participation in the 
capital  of  service  providers.  In  line  with  the  provisions  in  the  revised  AVMD,  the  law  on 
Audiovisual Communication provides that video sharing platforms have to register with the 
National  Registry  indicating  significant  shares  in  the  capital  of  the  service  providers144  and 
requires  that  service  providers  publish  in  their  web  pages  the  information  regarding 
ownership  shares  and  editorial  responsibility.  The  supervision  of  these  obligations  is 
entrusted  to  the  CNMC145.  However,  the  registry  is  not  under  the  responsibility  of  the 
regulator but under that of the Ministry of Economy.  

The  legal  framework  for  institutional  advertising  is  varied  and  complex,  while  there 
have been calls for a more equitable distribution of institutional advertising. Besides the 
legislation concerning the national administration that was covered in 2020 Report146, thirteen 
regional laws govern institutional advertising within the regions147. Basic common principles 
applying  to  all  administrations  are  established  in  the  national  Law  on  Advertising  and 
Institutional Communication148. Independent media have urged the Government to protect the 
plurality and quality of information by applying a more equitable distribution of institutional 
advertising,  ensuring  that  it  benefits  media  that  are  providing  public  service  information 
according to professional quality standards149. 

A regulatory environment sustaining independent and impartial public service media is 
in  place.  A  state-wide  radio  and  TV  broadcaster,  RTVE  (Radio  Television  Española), 
coexists with regional and numerous local public service media providers. The Law on State 
Owned  Radio  and  Television150  provides  for  the  competences,  system  of  appointment  and 
other  aspects  of  the  functioning  of  RTVE,  while  regional  and  local  public  service  media 
providers are regulated by the relevant legislation at regional level151. The law defines public 

142  Second additional provision, General Law on Audiovisual Communication, of 26 May 2022.  
143  2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10; 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Spain, p. 14. 

144  Art. 37. General Law on Audiovisual Communication, of 26 May 2022. Significant participation understood 
to represent directly or indirectly: a) 3% of the capital, b) 30% of the voting rights, or less if it would allow 
to  designate  in  the  24  months  following  the  acquisition  more  than  half  of  members  of  the  management 
board. 

145  Information provided by the Ministry of the Presidency in the context of the country visit to Spain.  
146  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14. 
147 Information provided by the Ministry of the Presidency in the context of the country visit to Spain. 
148  Law 29/2005 of 29 December 2005. 
149 2022 Media Pluralism Monitor, Country Report on Spain, p. 14.  
150  Law 17/2006 of 5 June 2006.  
151  However, regional and local service  media providers must respect the general principles established in the 

General Law 7/2010 on Audiovisual Communication, which is currently under review. 

16 

 
                                                 
service  media  as  “an  essential  service  for  the  community  and  the  cohesion  of  democratic 
societies” and amongst its objectives includes ‘favouring pluralism’152. RTVE is managed by 
a Management  Board of ten members153  elected by the Parliament by a two-thirds majority 
for  a  six-year  non-renewable  mandate.  The  candidates  must  be  sufficiently  qualified 
professionals. The Court of Auditors is in charge of the financial control of RTVE. The law 
also  establishes  the  incompatibilities  and  the  reasons  for  termination  of  the  mandate  of  the 
members of the Board, who cannot act upon instructions from other institutions or political 
interests.  Two  additional  bodies  complete  the  governance  structure  in  RTVE:  the  Advisory 
Council,  with  16  representatives  from  civil  society  organisations  representing  the  plural 
interests  of  society;  and  the  News  Council,  an  internal  body  where  journalists  in  RTVE 
monitor the independence, the objectivity and the veracity of the news. 

Special  financial  support  to  digital  terrestrial  televisions  during  the  COVID-19 
pandemic  were  disbursed.  This  aid  was  granted  exceptionally  to  digital  terrestrial 
televisions, which are required to cover rural areas. The aid was granted in December 2021 
by the Council of Ministers after state aid notification to the Commission.  

Work  continues  on  several  initiatives  to  strengthen  access  to  information.  The 
committee154 set up in 2021155 to revise the Law on Official Secrets156 has continued its work 
with the aim to review it by the end of 2022157. The updated law is expected to make access 
to  official  information  easier  for  journalists  and  the  general  public.  Moreover,  a  charter  of 
services  of  the  Transparency  Portal  of  the  General  State  Administration  has  been 
published158. The charter identifies the services available in the portal, the indicators for their 
evaluation,  as  well  as  the  quality  commitments  acquired  on  them  and  the  rights  to  access 
information159. Furthermore, Spain signed the Council of Europe’s Convention on Access to 
Public Documents (Tromsø Convention) on 23 November 2021160 The Government has also 
initiated the reflection and consultations on the reform of the law161 on Transparency, Access 
to Public Information and Good 162. 

Journalists  have  continued  to  face  some  challenges  in  the  performance  of  their 
professional  activities.  The  Government  has  continued  with  the  implementation  of  the 
Agreement signed in December 2020 between the Ministry of Home Affairs, the Federation 
of  Associations  of  Journalists  of  Spain,  and  the  National  Association  of  Graphic  Press  and 
Television  Informants,  as  reported  in  the  2021  Rule  of  Law  Report163.  The  purpose  of  the 
Agreement is to facilitate the work of information professionals in places and events where 
situations of violence may occur. The implementation of the agreement has been considered 

152  Art. 1.1, Law 17/2006 of 5 June 2006. 
153  Six by the Congress and four by the Senate. 
154  Formed by the Ministries of the Presidency, Defence, Home Affairs and Foreign Affairs. 
155  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 15. 
156  Law 9/1968 of 5 April on official secrets. 
157  Written  contribution  received  from  the  Ministry  of  the  Presidency  in  the  context  of  the  country  visit  to 

Spain. 

158  Resolution of the Minister of Finance and Public Administration of 21 October 2021, approving a Charter of 

services of the Transparency Portal of the General State Administration.  

159  Information provided by the Ministry of the Presidency in the context of the country visit to Spain. 
160  Input from Spain for the 2022 Rule of Law Report, p. 40. 
161  Law 19/2013 of 9 December 2013. 
162  The process is expected to lead to a draft amending law being adopted by the Government in the first half of 

2023.  

163 2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 15. 

17 

 
                                                 
overall  positive164.  SLAPP-related  concerns  were  voiced  over  a  number  of  speech-related 
offences with respect to freedom of expression standards and possible misuse of the offence 
of  revelation  of  secret  information  against  those  reporting  on  corruption165.  In  this  context, 
the  Government  is  currently  assessing  a  legal  initiative  to  regulate  the  right  of  professional 
secrecy  of  journalists,  as  provided  in  the  Constitution166  and  requested  by  journalists’ 
associations167.  Since  the  publication  of  last  year’s  Rule  of  Law  Report,  three  alerts  were 
registered  for  Spain  in  the  Council  of  Europe´s  Platform  to  Promote  the  Protection  of 
Journalism  and  Safety  of  Journalists168,  relating  to  cyber-attacks  on  several  media  websites 
and on  criminal  prosecutions  for alleged perjury  to  four Spanish  journalists;  two out  of the 
three alerts had been replied by Spain.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Spain is a parliamentary monarchy, with a bicameral Parliament169. It is also a decentralised 
unitary  state  where  the  State  and  the  Autonomous  Regions  have  both  exclusive  and  shared 
competences170.  The  Constitutional  Court171  is  exclusively  competent  to  review  the 
constitutionality of laws, as well as appeals for constitutional protection of fundamental rights 
and  to  decide  on  potential  conflicts  between  constitutional  bodies  of  the  State172.  Both 
chambers of Parliament – the Congress and the Senate – have legislative competence, which 
they can delegate to the Government, subject to certain limitations173. The Government, the 
two  Chambers  of  Parliament,  the  assemblies  of  the  autonomous  regions,  and  a  group  of  at 
least 500 000 citizens have the right of legislative initiative.  

Members of a number of constitutional bodies were appointed by Parliament, which put 
an  end  to  substantial  delays.  In  October  and  November  2021,  Parliament  proceeded  with 
the  appointment  of  members  of  a  number  of  constitutional  bodies,  including  the 
Ombudsperson, a third of the members of the Constitutional Court and the board of the Court 

164 Information provided by the associations of journalists (European Journalists’ Association and FAPE) in the 

context of the country visit to Spain.  

165  See  Judit  Bayer,  Petra  Bárd,  Lina  Vosyliute,  Ngo  Chun  Luk  (2021),  Strategic  Lawsuits  Against  Public 
Participation  (SLAPP)  in  the  European  Union,  A  comparative  study,  Country  note  Spain,  EU-Citizen: 
Academic  Network  on  European  Citizenship  Rights,  pp.  317  (study  commissioned  by  the  European 
Commission  in  the  context  of  the  preparation  of  the  SLAPP  initiatives  adopted  on  27  April  2022; 
contribution  from  ‘Article  19’  for  the  2022  Rule  of  Law  Report,  p.  18.  In  addition,  some  media  freedom 
groups  have expressed concerns on the launch of a SLAPP against a  media outlet (Media Freedom Rapid 
Response (2022), Statement coordinated by Media Freedom Rapid Response and signed by European Centre 
for Press and Media Freedom, European Federation of Journalists, Free Press Unlimited, International Press 
Institute, Article 19 and OBC Transeuropa). 

166  Art. 20 d) of the Spanish Constitution. 
167  La Moncloa – Government of Spain (2022), Press release 28 April 2022. 
168 Council of Europe, Platform to promote the protection of journalism and safety of journalists, Spain. 
169  It consists of the Congress of Deputies (the lower house), and the Senate (the upper house). Both are directly 

elected. 

170  Autonomous Regions have political and financial autonomy, having an institutional organisation based on a 
Legislative  Assembly,  a  Governing  Council  with  executive  and  administrative  functions  and  a  President, 
elected by the Assembly from among its members. Autonomous Regions hold the power to pass laws on a 
wide  range  of  areas  over  which  they  have  exclusive  competence,  but  also  secondary  legislation  in  certain 
matters that are competence of the State, as well as the execution of State regulations. 

171  The Constitutional Court does not form part of the judiciary. 
172  Title IX of the Spanish Constitution.  
173  Art. 82 of the Spanish Constitution. 

18 

 
                                                 
of  Auditors174.  The  appointment  of  these  office  holders  has  been  welcomed,  as  there  were 
long  delays  in  their  appointment.  The  Venice  Commission  stressed  the  importance  of 
providing for qualified majorities for appointments of members of constitutional institutions 
but  has  warned  about  the  risk  of  stalemates  and  has  recommended  to  devise  effective  and 
solid mechanisms to minimise the risk of deadlock175.  

The  Constitutional  Court  exercised  judicial  review  in  relation  to  emergency  measures 
taken to fight the COVID-19 pandemic. As noted in the 2021 Rule of Law Report176, on 14 
July 2021, the Constitutional Court issued a decision on the Royal Decree declaring the first 
state of alarm177. The Court did not question the measures taken by the Government to fight 
the  COVID-19  pandemic.  However,  it  declared  unconstitutional  some  provisions  imposing 
limitations on the freedom  of movement,  as it considered that such limitations should have 
been taken under a “state of emergency”178 rather than under a state of alarm179. The Court 
clarified in its decision that the declaration of unconstitutionality of those provisions did not 
entail an automatic right for compensation resulting from state liability. On 27 October 2021, 
the  Constitutional  Court  issued  another  decision  in  relation  to  the  extension  of  the  state  of 
alarm by Congress180. The Court considered that the reasons provided by Congress to extend 
the state of alarm for six months were not justified, as there was no certainty on the measures 
that were going to be taken by the Government. Moreover, it considered that the designation 
of  the  Autonomous  Governments  (Regional  Governments)  as  competent  authorities  for  the 
implementation  of  the  emergency  measures  was  unconstitutional.  According  to  the 
Constitutional  Court,  the  Congress’  decision  to  extend  the  state  of  alarm  for  six  months 
without reviewing the measures which could be taken by the Government and the delegation 
blurred the accountability of the President of the Government and the Ministry of Health in 
front  of  Congress,  as  the  Presidents  of  the  Autonomous  Governments  were  not  subject  to 
their political control.  

The  Ombudsperson  continued  dealing  with  a  high  number  of  complaints.  The 
Ombudsperson is  the national  human rights  institution, accredited with  A status  by the  UN 
Global  Alliance  of  National  Human  Rights  Institutions  (GANHRI).  The  number  of 

174 The Parliament also proceeded with the appointment of the President and the Deputy-President of the Data 
Protection Agency. The appointment was suspended by the Supreme Court on 21 March 2022 (Decision of 
the Supreme Court 3787/2022).  

175  Venice  Commission  (CDL-AD(2018)015-f),  para.  12.  Anti-deadlock  mechanisms  have  to  discourage  the 
opposition  from  behaving  irresponsibly  but  should  not  create  opportunities  for  the  majority  by  impossible 
proposals to lead to the necessity for the application of such mechanisms. This is why they should be limited 
in time and, while avoiding permanent blockages they should not aim at avoiding any blockage at all, which 
can  be  an  expression  of  the  need  for  political  change.  Also  Venice  Commission  (CDL-AD(2015)037-e), 
para.  162.  In  that  vein,  European  standards  provide  that  it  is  important  that  a  political  culture  is  well 
developed allowing for compromises between majority and opposition forces. At the same time, trade-offs, 
where both sides accept less qualified candidates in exchange for the acceptance of their own less qualified 
candidates, are discouraged.  

176  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 17. 
177  Decision 148/2021 of the Spanish Constitutional Court, 14 July 2021. 
178  ‘Estado de excepción’ under Spanish law. 
179  Art. 116 Spanish Constitution. A state of alarm shall be declared by the Government, by means of a decree 
decided upon by the Council of Ministers, for a maximum period of fifteen days. The Congress of Deputies 
shall be informed and must meet immediately for this purpose. On the other hand, a state of emergency shall 
be declared by the Government by means of a decree decided upon by the Council of Ministers, after prior 
authorisation by the Congress of Deputies.  

180  Decision 183/2021 of the Spanish Constitutional Court, 27 October 2021. 

19 

 
                                                 
complaints  received  by  the  Ombudsperson  in  2021  was  similar  than  in  2020181,  which  had 
been  significantly  higher  than  before  the  COVID-19  pandemic,  as  highlighted  in  the  2021 
Rule  of  Law  Report182.  The  time  of  reply  from  public  administrations  to  queries  from  the 
institution followed a positive trend, as it decreased from the 63 days on average in 2020 to 
51 days in 2021183.  

The  use  of  Pegasus  and  equivalent  spyware  surveillance  software  was  subject  to  an 
investigation  by  the  Ombudsperson  and  judicial  proceedings.  On  24  April  2022,  the 
office of the Ombudsperson announced a public investigation into the use of the Pegasus and 
equivalent  spyware  surveillance  software184.  It  has  been  revealed  that  a  number  of  political 
representatives,  including  high-ranking  members  of  the  Government185,  as  well  as  several 
lawyers186,  had  been  allegedly  targeted  by  said  spyware.  Two  judicial  investigations  have 
also  been  launched187.  Under  Spanish  law,  the  use  of  measures  such  as  telephone  taps  by 
intelligence  services  requires  prior  judicial  authorisation  and  there  are  additional  legal 
guarantees ensuring the right of privacy188.  

On  1  January  2022,  Spain  had  23  leading  judgments  from  the  European  Court  of 
Human Rights pending implementation189. At that time, Spain’s rate of leading judgments 
from  the  past  10  years  that  remained  pending  was  at  61%,  the  average  time  that  the 
judgments had been pending implementation was 3 years and 1 month190. The oldest leading 
judgment,  which  became  final  10  years  ago,  that  is  pending  implementation,  concerns  the 
lack of effective investigation into allegations of racially motivated ill-treatment inflicted by 
police agents to the applicant191. On 1 July 2022, the number of leading judgments pending 
implementation has decreased to 22192. 

The  Government  is  undertaking  several  initiatives  aimed  at  increasing  public 
participation  in  policy-making.  As  referred  in  the  2021  Rule  of  Law  Report193,  the 

181  Defensor del Pueblo (2022), Annual Report 2021, p. 14. 
182  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 18. 
183  Ibid. p. 16. 
184  Defensor  del  Pueblo  (2022),  Press  release  24  April  2022.  The  investigation  was  aimed  at  ascertaining 
whether  the  use  of  the  software  has  jeopardised  fundamental  rights,  most  notably  the  right  to  privacy. 
Findings were published on 18 May 2022. 

185  That  includes  the  President  of  the  Government,  several  Ministers,  the  President  of  an  Autonomous 
Government, as well as a number of regional politicians. La Moncloa – Government of Spain (2022), Press 
release 10 May 2022.  

186  General Council of Spanish Lawyers (2022), Statement of 29 April 2022.  
187  La Moncloa – Government of Spain (2022), Press release 10 May 2022. 
188  Organic Law 2/2002, of 6 May 2002, Art. 1.  
189  The  adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

190   All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2022.  See  the  Contribution  from  the 
European Implementation Network for the 2022 Rule of Law Report, p. 72. 

191  Judgment  of  the  European  Court  of  Human  Rights  of  24  July  2012,  B.S.  v.  Spain,  47159/08,  pending 
implementation since 2012. The judgment is pending evaluation by the Committee of Ministers of the action 
plan submitted by Spain in 2019.  

192  Data according to the online database of the Council of Europe (HUDOC). 
193  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 16. 

20 

 
                                                 
implementation of the Fourth Open Government Plan has started194. A pilot project setting up 
a participation platform open to all citizens has been carried out. The platform is expected to 
become  operational  on  1  November  2022  and  to  allow  launching  citizen  consultations, 
collecting contributions on Government plans or projects open to participation and publishing 
anonymous contributions, as well as reporting on ongoing participatory processes. Moreover, 
work is ongoing for the establishment of “innovation labs”, which will gather representatives 
from the administration and civil society to explore new ideas on the promotion, design and 
implementation of public participation. These initiatives are complemented with the set-up of 
a community of experts for the exchange of information and  good practices195.  In  addition, 
the Government published a Charter of Digital Rights in July 2021, which enshrines the right 
of  citizen  participation  by  digital  means  in  policy-making  and  other  relations  with  the 
administration196.  

Actions aimed to reinforce the cooperation between the public administration and civil 
society  are  being  taken.  Civil  society  space  continues  to  be  considered  to  be  narrowed197. 
Several measures have been taken to promote cooperation between the public administration 
and civil society organisations. On 10 December 2021, a collaboration agreement was signed 
between the Ministry of Finance and Public Administration and the Third Sector Platform for 
the  inclusive  communication  of  open  government198.  This  agreement  focuses  on  the 
development  of  initiatives  for  inclusive  communication  of  the  values  of  open  government, 
mainly aimed at people living in poverty, at risk of social exclusion or affected by the digital 
divide  due  to  their  special  vulnerability199.  A  study  conducted  by  the  Coordinator  of  Non-
Governmental Organisations for Development200 includes a number of recommendations on 
good practices in the relations between Government and NGOs, such as the establishment of 
a  monitoring  mechanism  to  control  the  implementation  of  the  collaboration  agreement 
between  the  Government  and  Civil  Society  Organisations.  In  relation  to  funding,  the  study 
recommends e.g. for the Government to provide more stability in the funding of Civil Society 
Organisations with the publication of a multiannual financial programme.  

The reform of the Citizen Security Law continues to be discussed in Parliament.  On 8 
February 2022,  the Council of Europe Commissioner for Human Rights  sent  a letter on the 
Citizen Security Law201 to the Spanish Parliament202 welcoming the current review procedure 
and noting the opportunity to bring the law fully in line with European standards, in particular 
with the recommendations made by the Venice Commission in March 2021203. In particular, 
the letter acknowledges that a number of the proposed amendments seem to address some of 
the human rights issues raised so far. However, it also points out that the reform is still not 

194  Input from Spain for the 2022 Rule of Law Report, pp. 46-49. 
195  The community of practice was launched on 29 November 2021 with an event in Zaragoza.  
196  Government of Spain 2021, Charter of Digital Rights.  
197  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

198 Resolution of 10 December 2021 of the Secretary of State of Public Function.  
199  Resolution of 10 December 2021 of the Secretary of State of Public Function.  
200  Coordinator  of  Non-Governmental  Organisations  for  Development  in  Spain  (2022),  Keys  for  a  strategic 

Government – NGO relationship in the promotion of global justice. 

201  Organic Law 4/2015. 
202  Letter  of  8  February  2022  from  the  Council  of  Europe Commissioner  for  Human  Rights  to  the  Spanish 

Parliament. 

203  Venice  Commission  (CDL-AD(2021)004).  The  opinion  highlighted  that  even  in  cases  when  a  norm  is 
considered  to  be  constitutionally  acceptable,  if  in  practice  it  has  led  to  abuses  it  should  be  changed, 
circumscribed, or accompanied by additional safeguards. 

21 

 
                                                 
addressing  important  aspects  affecting  the  rights  of  freedom  of  expression  and  freedom  of 
assembly  and  makes  a  number  of  recommendations  to  tackle  these  aspects204.  Stakeholders 
have continued raising concerns205 about the law, as already noted in the 2021 Rule of Law 
Report206.  Those  concerns  relate  to,  among  others,  offences  in  the  context  of  meetings  and 
demonstrations, and the use of images or data by the police. In December 2021, the Congress 
Commission of Home Affairs started discussing the reform of the Citizens Security Law207.  

Activities  to  promote  a  rule  of  law  culture  took  place,  in  particular  the  launch  of  an 
annual  training  programme  for  journalists  on  the  Spanish  justice  system.  The  Council 
for  the  Judiciary  and  Madrid’s  Press  Association  made  an  agreement  in  August  2021  to 
launch  an  annual  training  programme  for  journalists  on  the  Spanish  justice  system208.  The 
aim of the programme is to familiarise journalists with the functions and competencies of the 
governing  body  of  judges  and  of  the  courts,  so  that  they  can  appropriately  report  on  the 
functioning  of  the  justice  system,  thus  contributing  to  the  creation  of  an  informed  public 
opinion and promoting public confidence in the administration of justice. The first edition of 
the annual training course took place from 15 to 26 November 2021. 

204  In  particular,  the  letter  highlights  that  the  draft  law  continues  to  give  a  wide  margin  of  discretion  to  law 
enforcement bodies in interpreting it and allows for its potential disproportionate and arbitrary application. 
In addition, the letter reflects that the administrative nature of these sanctions continues to make it difficult to 
appeal  them.  According  to  the  letter,  the  overall  accountability  framework  of  law  enforcement  officials 
should be strengthened, including with a view to ensuring adequate oversight of the use of coercive powers 
and  imposed  sanctions.  The  letter  also  notes  that  amendments  of  the  law  are  not  currently  covering 
provisions regulating sanctions on grounds such as resistance or disobedience to police officers and lack of 
respect of or consideration for police officers.  

205  Contribution from ENNHRI for the 2022 Rule of Law Report, p. 5; Contribution from Rights International 
Spain  for  the  2022  Rule  of  Law  Report,  p.  10;  Franet  (2022),  Country  research  -  Legal  environment  and 
space  of  civil  society  organisations  in  supporting  fundamental  rights  –  Spain,  p.  3;  Contribution  from 
European Civic Forum for the 2022 Rule of Law Report, pp. 18-19.  

206  2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 18. 
207  The  Government  of  Spain  is  at  the  moment  preparing  the  Second  Plan  on  Human  Rights  (2023-2027),  in 
which  legal  undertakings  stemming  from  the  United  Nations  and  provisions  on  public  policies  of  the 
European Union Action Plan on Human Rights and Democracy 2020-2024 are taken into account. Special 
attention is paid on the safeguard of freedoms of expression, peaceful assembly and demonstration. 

208  Madrid’s  Press  Association  (2021)  The  APM  and  the  CGPJ  launch  a  programme  for  journalists  on  ‘The 
Justice System in Spain’; written contribution received from the Council for the Judiciary in the context of 
the country visit to Spain.  

22 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.  

Anti-Corruption Prosecutor’s Office (2020), Annual Report 2019. 

Anti-Corruption Prosecutor’s Office (2021), Annual Report 2020. 

Article 19 (2022), Contribution from ‘Article 19’ for the 2022 Rule of Law Report. 

Associations of Judges (2021), Joint press release of 13 September 2021 on the public statements of 
politicians 
Judiciary 
http://www.juecesdemocracia.es/2021/09/13/comunicado-conjunto-las-aajjff-ante-las-declaraciones-
responsables-politicos-renovacion-cgpj/. 

the  Council 

renewal 

relation 

the 

the 

for 

in 

to 

of 

Associations of Judges 2021, Joint press release of 21 November 2021 on the statements of politicians 
on 
https://www.forojudicialindependiente.es/2021/11/15/las-asociaciones-
judiciales-ante-las-manifestaciones-de-responsables-politicos-sobre-resoluciones-judiciales/. 

resolutions 

judicial 

Association  of  Prosecutors  (2022),  Contribution  from  the  Association  of  Prosecutors  for  the  2022 
Rule of Law Report. 

Association of Prosecutors (2022), Contribution from the Association of Prosecutors in the context of 
the country visit. 

Centre  for  Media  Pluralism  and  Media  Freedom  (2022),  Media  Pluralism  Monitor  2022  –  country 
report on Spain. 

Civic  Platform  for  the  Judicial  Independence  (2022),  Contribution  from  Civic  Platform  for  the 
Judicial Independence for the 2022 Rule of Law Report. 

Civicus, Monitor tracking civic space – Spain https://monitor.civicus.org/country/spain/.  

Constitutional Court, judgment of 14 July 2021, Decision 148/2021. 

Constitutional Court, judgment of 27 October 2021, Decision 183/2021. 

estratégica  Gobierno-ONGD 

Coordinator  of  Non-Governmental  Organisations  for  Development  in  Spain  (2022),  Keys  for  a 
strategic  Government  –  NGO  relationship  in  the  promotion  of  global  justice  (Claves  para  una 
relación 
global) 
la 
https://coordinadoraongd.org/wp-content/uploads/2022/04/Claves-relacion-Gob-
ONGD.pdf#:~:text=Claves%20para%20una%20relaci%C3%B3n%20estrat%C3%A9gica%20Gobier
no%20%E2%80%93ONGD%20en,y%20los%20donantes%20de%20referencia%20%2849%25%29%
20es%20significativa.  

promoción 

justicia 

de 

en 

la 

Council for the Judiciary (2022), Contribution from the Council for the Judiciary in the context of the 
country visit. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe (2022), Letter of 8 February 2022 from the Council of Europe Commissioner for 
Human  Rights  to  the  Spanish  Parliament  https://rm.coe.int/letter-to-mr-jose-luis-abalos-meco-
president-of-the-interior-committee/1680a57abe.  

Council of Europe, Platform to promote the protection of journalism and safety of journalists – Spain 
https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287.  

Council  of  Europe:  Venice  Commission  (2013),  Opinion  on  the  legislation  on  defamation  of  Italy 
(CDL-AD(2013)038). 

Council of Europe: Venice Commission (2015), Armenia- First Opinion on the Draft Amendments to 
the Constitution (Chapters 1 to 7 and 10) (CDL-AD(2015)037-e). 

23 

 
Council  of  Europe:  Venice  Commission  (2018),  Montenegro  -  Opinion  on  the  draft  law  on 
amendments to the law on the Judicial Council and Judges (CDL-AD(2018)015-f). 

Council  of  Europe:  Venice  Commission  (2020),  Interim  Report  on  the  measures  taken  in  the  EU 
member States as a result of the Covid-19 crisis and their impact on democracy, the Rule of Law and 
Fundamental Rights (CDL-AD(2020)018-e). 

Council of Europe: Venice Commission (2021), Spain - Opinion on the Citizens’ Security Law (CDL-
AD(2021)004-e).  

Council of Transparency and Good Governance (2022), 2022-2025 Strategic Plan. 

Council for the Judiciary (2022), Contribution from the Council for the Judiciary for the 2022 Rule of 
Law Report. 

Court of Auditors, Opinion 1445 

Court of Auditors (2022), Press release of 31 January 2022 - The Court of Auditors agrees to request 
a  modification  of  the  Organic  Law on  the  Financing of  Political  Parties  for  the  second  time to the 
Parliament' (‘El Tribunal de Cuentas acuerda solicitar por segunda vez a las Cortes Generales una 
modificación de la Ley Orgánica sobre Financiación de Partidos Políticos’). 

Defensor  del  Pueblo  (2022),  Annual  Report  2021  https://www.defensordelpueblo.es/informe-
anual/informe-anual-2021/.  

Defensor 
https://www.defensordelpueblo.es/noticias/defensor-actuacion-pegasus/.  

(2022), 

release 

Pueblo 

Press 

del 

24 

April 

2022 

Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions 
laid down by law, regulation or administrative action in Member States concerning the provision of 
audiovisual  media  services  (Audiovisual  Media  Services  Directive)  in  view  of  changing  market 
realities. 

Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 

Directorate-General  for  Communication  (2022),  Flash  Eurobarometer  507:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2022), Special Eurobarometer 523: corruption. 

ENNHRI (2022), Contribution from ENNHRI for the 2022 Rule of Law Report. 

European Civic Forum (2022), Contribution from European Civic Forum for the 2022 Rule of Law 
Report. 

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Spain.  

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Spain. 

European Commission (2022), EU Justice Scoreboard. 

European Court of Human Rights, judgment of 24 July 2012, B.S. v. Spain, 47159/08. 

European Federation of Journalists (2022), Contribution from the European Federation of Journalists 
for the 2022 Rule of Law Report. 

European Implementation Network (2022), Contribution from the European Implementation Network 
for the 2022 Rule of Law Report. 

Franet, University Institute of Migration Studies (2022), Country research - Legal environment and 
space of civil society organisations in supporting fundamental rights – Spain, Vienna, EU Agency for 
https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
Fundamental  Rights, 
related.  

24 

 
General  Council  of  Spanish  Lawyers  (2022),  Contribution  from  the  General  Council  of  Spanish 
Lawyers in the context of the country visit. 

General  Council 
https://www.abogacia.es/actualidad/noticias/el-pleno-del-consejo-de-la-abogacia-emite-un-
comunicado-sobre-la-intervencion-de-las-comunicaciones-de-abogados/.  

Spanish  Lawyers 

Statement 

(2022), 

of 

of 

29  April 

2022 

Government  of  Spain  (2021),  Fourth  Open  Government  Action  Plan  for  Spain  2020-2024 
https://transparencia.gob.es/transparencia/dam/jcr:da5e5d7e-7862-41e6-9221-
5f29c67e188f/INFORME_SOBRE_INTEGRIDAD_PUBLICA_AGE_JUNIO2021.pdf.  

Government 
https://www.lamoncloa.gob.es/presidente/actividades/Documents/2021/140721-
Carta_Derechos_Digitales_RedEs.pdf.  

Charter 

(2021), 

Spain 

of 

of 

Digital 

Rights 

Government of Spain (2021), Recovery and Resilience Plan 2021. 

Government of Spain (2022), Input from Spain for the 2022 Rule of Law Report. 

GRECO  (2019),  Fourth  Evaluation  Round  –  Second  Interim  Compliance  Report  on  Spain  on 
corruption prevention in respect of members of parliament, judges and prosecutors. 

GRECO  (2021),  Fourth  Evaluation  Round  –  Second  Compliance  Report  on  Spain  on  corruption 
prevention in respect of members of parliament, judges and prosecutors. 

GRECO (2021), Fifth Evaluation Round - Compliance Report on Spain on preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies.  

Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the  Independent  Judicial  Forum 
(2022),  Contribution  from  the  Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the 
Independent Judicial Forum for the 2022 Rule of Law Report. 

Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the  Independent  Judicial  Forum 
(2022),  Contribution  from  the  Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’  and  the 
Independent Judicial Forum in the context of the country visit. 

Judit  Bayer,  Petra  Bárd,  Lina  Vosyliute,  Ngo  Chun  Luk  (2021),  Strategic  Lawsuits  Against  Public 
Participation (SLAPP) in the European Union, A comparative study, Country note Spain, EU-Citizen: 
Academic 
Rights 
https://ec.europa.eu/info/sites/default/files/slapp_comparative_study.pdf.  

Citizenship 

European 

Network 

on 

Judicial 
https://www.poderjudicial.es/stfls/CGPJ/COMISI%C3%93N%20DE%20%C3%89TICA%20JUDICI
AL/DICT%C3%81MENES/20210513%20Dictamen%20-%20Consulta%2001-2021.pdf. 

Committee 

Opinion 

(2021), 

Ethics 

1/21 

La  Moncloa 
https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/territorial/paginas/2022/280422-i-
rodriguez-ley-sec-profesional.aspx.  

–  Government 

(2022),  Press 

of  Spain 

28  April 

release 

La  Moncloa 
of  Spain 
https://www.lamoncloa.gob.es/consejodeministros/resumenes/paginas/2022/100522-rp-
cministros.aspx.  

–  Government 

(2022),  Press 

release 

10  May 

2022 

2022 

Madrid’s Press Association (2021), Press release - The APM and the CGPJ launch a programme for 
journalists  on  ‘The  Justice  System  in  Spain’  (La  APM  y  el  CGPJ  lanzan  unas  jornadas  para 
periodistas  sobre  El  sistema  de  Justicia  en  España)  https://www.apmadrid.es/cursos/la-apm-y-el-
cgpj-lanzan-unas-jornadas-para-periodistas-sobre-el-sistema-de-justicia-en-espana/.  

Media Freedom Rapid Response (2022), Statement coordinated by Media Freedom Rapid Response 
and signed by ARTICLE 19, European Centre for Press and Media Freedom, European Federation of 
Institute  and  OBC  Transeuropa 
Journalists,  Free  Press  Unlimited, 
https://www.mfrr.eu/spain-energy-company-launches-e17-6-million-slapp-lawsuit-against-el-
confidencial/.  

International  Press 

25 

 
Ministry  of  Home  Affairs  (2022),  Written  contribution  from  the  Ministry  of  Home  Affairs  in  the 
context of the country visit. 

Ministry of Interior (2019), 2019-2023 Strategy against Organised Crime and Serious Crime. 

Ministry  of  Justice  (2022),  Written  contribution  from  the  Ministry  of  Justice  in  the  context  of  the 
country visit. 

Ministry  of  Regional  Planning  and  Public  Administration  (2021),  Preventive  systems  of  public 
integrity in the General Administration of the State (Sistemas preventivos de integridad pública en la 
Administración  General  del  Estado)  https://transparencia.gob.es/transparencia/dam/jcr:da5e5d7e-
7862-41e6-9221-
5f29c67e188f/INFORME_SOBRE_INTEGRIDAD_PUBLICA_AGE_JUNIO2021.pdf.  

Ministry  of  the  Presidency  (2022),  Written  contribution  from  the  Ministry  of  the  Presidency  in  the 
context of the country visit. 

National  Commission  for  Markets  and  Competition  (2022),  Written  contribution  from  the  National 
Commission for Markets and Competition in the context of the country visit. 

National Police (2013), Code of Ethics 2013. 

OECD (2021), Countering Public Grant Fraud in Spain: Machine Learning for Assessing Risks and 
Targeting Control Activities https://doi.org/10.1787/0ea22484-en.  

OECD  (2021),  Enhancing  Public  Accountability  in  Spain  Through  Continuous  Supervision 
(https://doi.org/10.1787/825740cc-en).  

Office  of  the  Prosecutor  General  (2022),  Written  contribution  from  the  Office  of  the  Prosecutor 
General in the context of the country visit. 

the 

Poder Judicial (2021), Speech of the President of the Supreme Court and the Council for the Judiciary 
for 
2021 
https://www.poderjudicial.es/stfls/SALA%20DE%20PRENSA/DOCUMENTOS%20DE%20INTERE
S/Apertura%20del%20a%C3%B1o%20judicial%206%20sep%202021.%20Discurso%20Presidente%
20del%20TS%20y%20del%20CGPJ.pdf . 

September 

opening 

judicial 

year, 

the 

of 

6 

Poder  Judicial  (2022),  Press  Release  18  March  2022  https://www.poderjudicial.es/cgpj/es/Poder-
Judicial/Noticias-Judiciales/El-Tribunal-Supremo-inadmite-una-querella-contra-la-Ministra-de-
Derechos-Sociales-y-Agenda-2030-por-un-delito-de-calumnias.  

Professional Association of the Magistracy (2022), Contribution from the Professional Association of 
the Magistracy for the 2022 Rule of Law Report. 

Prosecution  Council  (2020),  Press  Release  –  (The  State  Attorney  General  promotes  before  the 
associations a plan to face the challenge of the reform of the Code of Criminal Procedure) (La Fiscal 
General  del  Estado  impulsa  ante  las  asociaciones  un  plan  para  afrontar  el  reto  de  la  reforma 
procesal)  https://www.fiscal.es/-/la-fiscal-general-del-estado-impulsa-ante-las-asociaciones-un-plan-
paraafrontar-el-reto-de-la-reforma-procesal.  

Reporters without Borders – Spain https://rsf.org/en/country/spain.  

Rights International Spain (2022), Contribution from Rights International Spain for the 2022 Rule of 
Law Report. 

Secretary of State of Public Function (2021), Resolution of 10 December 2021. 

Supreme  Court  (2021),  Speech  of  the  President  of  the  Supreme  Court  and  the  Council  for  the 
Judiciary 
2021 
https://www.poderjudicial.es/cgpj/es/Poder-Judicial/En-Portada/El-presidente-del-TS-y-del-CGPJ-
reivindica-la-independencia-judicial-como-garantia-de-la-democracia.  

September 

opening 

judicial 

year 

the 

the 

for 

on 

of 

6 

Supreme Court, Decision 3787/2022. 

26 

 
renewal 

Technical Cabinet of the Supreme Court (2021), Report on the current and future impact of the lack 
of 
Court 
https://www.poderjudicial.es/stfls/TRIBUNAL%20SUPREMO/DOCUMENTOS%20DE%20INTER
%C3%89S/INFORME%20FALTA%20DE%20COBERTURA%20DE%20LAS%20VACANTES%2
0TS_.pdf. 

of  Magistrates 

Supreme 

vacant 

posts 

the 

of 

of 

Transparency International (2022), Corruption Perceptions Index 2021.  

27 

 
 
Annex II: Country visit to Spain 

The Commission services held virtual meetings in March 2022 with: 

  Association of ‘Abogados del Estado’ 
  Association of Media Users 
  Association of Prosecutors 
  Civic Platform for the Judicial Independence 
  Civil Guard 
  College of Registrars 
  Constitutional Court 
  Coordinator of Non-Governmental Organisations for Development in Spain 
  Court of Auditors 
  European Journalists’ Association 
  FAPE 
  Foundation ‘Hay Derecho’ 
  General Council of Spanish Lawyers 
  General Council for the Judiciary 
 
IGAE 
 
Independent Judicial Forum 
 
Judges and Magistrates’ Association “Francisco de Vitoria” 
 
Judges for Democracy 
  Madrid Press Association 
  Ministry of Economy 
  Ministry of Foreign Affairs 
  Ministry of Home Affairs 
  Ministry of Justice 
  Ministry of Finance 
  Ministry of the Presidency 
  National Commission of Markets and Competition 
  National Police 
  Office of Conflict of interests 
  Ombudsperson’s Cabinet 
  Platform in Defense of Freedom of Information 
  Platform “Tercer Sector” 
  Professional Association of the Magistracy 
  Progressive Union of Prosecutors 
  Representatives of Congress and Senate 
  Rights International Spain 
  RTVE 
  Prosecutor's Office Against Corruption and Organised Crime 
  Supreme Court 
  Technical Cabinet of the Prosecutor General’s Office 
  Transparency Council 
  Transparency International España 

* The Commission also met the following organisations in a number of horizontal meetings:  

28 

 
 
  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute ( OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 
  Reporters Without Borders 
  Transparency International Europe 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

29